Prosecution in George Zimmerman trial filed motion related to controversial Instagram

SANFORD, Fla. – George Zimmerman's defense attorney's family photo may become an issue in court.

Prosecutors filed a motion Monday asking Judge Debra Nelson to conduct an inquiry into the controversial Instagram photo that Molly West posted. They cite witnesses should be treated with respect.

READ: Motion for inquiry

Defense attorney Don West admitted to taking the photo. He wasn't aware that his daughter had posted the photo with a caption that read, "We beat stupidity celebration cones" and "#dadkilledit."

The prosecution claims the photo caption was related to West's cross-examination of witness Rachel Jeantel. But the tie West was wearing in the picture was the same tie he wore Monday for his "knock, knock joke" during opening statements.

Defense spokesman Shawn Vincent said that the ice cream photo was taken and posted before Jeantel testified.

Zimmerman is pleading not guilty to second degree murder. If found guilty, he could face life in prison.